TN Democrat Anti-Gun Stunt Fails, But Does Break FOOD LAW

I love it when Democrats attempt to make a point in creative ways. A Tennessee Legislator, Mike Stewart, and no surprise, a democrat, set up a table yesterday, April 5, offering cookies, lemonade, and an AK47 for sale. Breitbart reports that he didn’t sell any of his offerings despite lowering the AK47 price by $100, if the buyer agreed to a background check.

The funny part is that the only criminal offenses and danger to the public appear to have been committed by the legislator. The most dangerous things offered on his table for sale were the cookies and lemonade. You see, Tennessee, in an effort to protect its citizens from hazardous food products, which according to the CDC cause 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths each year, has adopted minimum food safety standards. They also have a Cottage Food Law (see Chapter 0080-4-11, Regulations for Establishments Utilizing Domestic Kitchen Facilities for Bakery and Other Nonpotentially Hazardous Foods Intended for Sale) which exempts certain “non-potentially hazardous foods” from the full force of the food protection laws, if they are prepared in a domestic kitchen (like it appears he has done).

There are still rules though. Cottage food producers are encouraged, though not required to have their kitchens inspected. Those individuals who elect to forgo inspection and permitting (he does not appear to have a permit displayed) must meet certain stipulations. The non-potentially hazardous foods are limited to direct market sales at their residence, community social events, flea markets and farmer’s markets located in the state. They must display an 8 ½” x 11” sign with a ¾” font at the place of sale, stating: “These food products were made in a private home not licensed or inspected.” This statement must also appear on the product label. Other stipulations, such as adherence to good manufacturing practices and product labeling requirements, also must be adhered to.
It appears that the legislator has failed to meet any of these requirements for signage, labeling or inspections. He is definitely not in his residence, at a social event, flea or farmer market. In addition, the lemonade probably does not fall under the Cottage Food law and would be subject to much stricter food protection guidelines as an acidified food.

All gun sales from licensed Federal Firearms Licensees are subject to mandatory background checks. There is no procedure for an individual to perform a background check on an individual sale, but Legislator Stewart has made a great point. Most people handling private, in person sales can use their own discretion in who they sell to. The reality is that most criminals get their guns in the same way they get everything else in their lives, by stealing them. Criminals break laws. New laws will not change that. Education on proper storage of guns will make it harder for criminals to have the opportunity to steal a gun. Perhaps Legislator Stewart should have read my article on “Three Felonies A Day”.